Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1887-01-21

SMITHS TONIC sYRBp,
T SUITS sARsAPaRlLLA,
< $3.50 BuLLS agRI DESTROYER,
Tf,e Popular g5,,S.-.odioo OF the Day.
pripciusI Ofice. s3r Main St., LOUISVILLE, HI.
cause of reproacheo the state, by statu-
tory prohibition rendered it an inaccessi-
bic solitude, which pioneer settlers may
net legally disturb.
To lease land, and st the Seme time re-
serve the right to sell it at any time with
out the consent OF the lessee, operates as
snare and 8 delusion 10 both the lessee
and settler, ana measurably defeats both
sale and lease. Where there is g reServa-
tion OF the power CT selling the lands to
/ others, regardless of ell the lessee should
do in the way of improving his leasehold
and this, TOO, without compromising
him for his ifnprovements, or reimburs-
ing him for the values swept sway by the
absorption Of. his range and consequent
/ removal at an inaUspicious season, with
/ possibly no place left to which he may go,
or the danger of becoming tn victim of
2 neartless eXtCrtiOn on the part of those
acting under the fraudulent guise of
aCtural seitlerS-We can hardly eXpect
that q prudent man would be willing to
invest his means upon such t5agcherous
inducements. Ana yet this is the precise
condition OF that law which would lease
land with the reservation CT the right OF
sale.
is 1T is not an uncharitable suspicion to
say that it is clear that those who do thus
lease, do so with the settled purpose of pro-
teCting their pee liar interests by the
exercise of terrorism end lewless force,
if necessary; and the apprehension of
This danger defeats and hinders settle
ment by those who, in good faith, desire
to embrace the purposes of the law, by
the selection of lands thus situated.
J. M better evidence could be required to
establish this proposition than is found
in the resuhUf the sales made under the
act of 1883. Sin addition to tn s, we have
the experience of others, under the opera
tiOn of q similar system of land laws in
force in New SJuGs. Wales, Victoria and
Queensland, where there are unlimited
areas, and where the laws, in one way
and mother, have enabled individuals to
purchase the eh.ld Of great tracts, or
to hold immense blocks on long lease
with very eXolusiyeeprivillg es. They were
hired from the government, averaging
ten shillIngs per square mile on long
leases, and the leases were granted with
certain reservations, chief among which
was the right Of any bone tide settler to
choose for himself, and pay, by easy in
stallments, for not more than 325 acres of
land. 1t was found, however, that this
feature was the prolific source Of inter
minable and bitter contentious between
the settler and the lessee, disturbing the
public peace and retarding beth sale and
lease. Finally the government of Queens
land found satisfactory way out of the
difficulty by making only short leases,
and by restricting the settler in his selec- j.
ton of land to well-defled and surveyed
districts, which could be extended from
time to time to meet the demands OF set
tlement, justifying It's action upon the
ground that it was neither YiOiatiye ot 4
wise policy, nor g wrong to the citizen, 20
prevent him from going into unsuitable or
back country, where he would have either
no chance Of raising crops, or W5ald be
too far from market TO sell his produce,
and there picking she heart out of q
"run" Qease) in order to compel the
Lessee to buy him opt, or else taking up
the land and running himself in sheer
ignorance of the drawbacks.
wise policy woula seem 10 require
ludb lLe Sldle SIOult, a. SOCH tS pOSSIOitj
ascertain definitely the precise ciassifica-
ton and locality of zfier public lands, to
secure g proper knowledge Of their value,
and to insure perfect security of title and
certainty Of boundary, necessary to avoid
perpleXing land disputes-the worst of all
Htigation-the distressing eff cts of which
have been fatally felt by our people
already. They should not in any
event be disposed of ia large
ma ses to individuals, thus leaving
to them the time and manner CT settle
ment, but should be sold under one uni
form plan, by clear, simple sud positive
terms, in small bodies to actual settlers
only, on known end moderate terms, long
time, and at low rate of interest, so as TO
extend the blessing of cheap land to the
largest number. they should be con-
trolled by single authority, by restoring
the constitutional functions Of the COM
sponsibility being immediate, undi-
viied and direct, and whose wis
dom and discretion would enable him,
with sufficient machinery AZ his disposal,
to keep himself informed OF the situation,
and to execute the powers granted him
by law, to conduct these business inter-
ests upon uniform and prudent princi-
pies.
1t is for the Legislature, in its wisdom, d.
TO determine what laws are appropriate,
and its decision is binding upon every
other department.
Ina constitutional government, like ours,
where the people have once delegated
their powers to representatives as their
agents, these representatives cannot del
egete the power entrusted to them to
others not selected by the people for that
purpose. If the legislature has the con-
stitutional authority to delegate to g
board any portion of their legislative
functions, they have the authority to re-
NIT to them the entire mass of their leeis-
lative power. And the converse of the
proposition must be equally true, that il
they nave no authority to delegate their
whole power, they are, in like manner,
powerless to delegate anyportion of it,
unless the authority to so delegate is ex-
pressly conferred by the constitution.
And in this connection it should be borne
IN mind that the constitution forbids apv
person, or collectiCH of persons being OF
one of these depart = from the ever
else of any power artacbad 70
either of the othe' ~
expressly senctio'
1t IS believed